A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in large part on the sheer volume of several supervisors’ alleged use of offensive, intimidating remarks. The record included evidence of frequent
Title VII
Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII
Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary Judgment
In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title VII, New York State Human Rights Law and the New York City Human Rights Law, and hostile work environment claim…
Federal Court Dismisses Muslim Employee’s Failure to Accommodate Suit
In Bob v. Madison Security Group, Inc., the United States District Court for the Southern District of New York dismissed a failure to accommodate claim brought by a former employee under Title VII and New York State and City employment statutes. Plaintiff alleged that his former employer scheduled him to work on Fridays, despite…
EEOC Issues Updated Guidance on National Origin Discrimination
The Equal Employment Opportunity Commission recently issued updated guidance regarding national origin discrimination for the first time since 2002. The new guidance defines national origin discrimination as “discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group.” …
Dismissal of Claims of Discrimination in Pay Highlights Importance of Conducting Proactive and Privileged Pay Equity Analyses
In Catalina v. Moniz, the United States District Court for the District of New Mexico dismissed Equal Pay Act and Title VII pay discrimination claims brought against the U.S. Department of Energy (DOE). Although Plaintiff raised a question of fact regarding whether she performed “substantially equal work” as a male coworker, the employer presented…
Former School Teacher May Proceed with Her Title VII Claims Based on Sexual Orientation
A Connecticut federal District Court ruled that a female ex-school teacher may proceed with her Title VII claim alleging sexual orientation discrimination. Boutillier v. Hartford Pub. Sch., (D.Conn., 3:13-cv-01303-WWE, 11/17/16). Plaintiff alleged that, because of her sexual orientation, she was subjected to an extended pattern of mistreatment by the school principal and vice principal. …
Federal Court Rules Title VII Covers Sexual Orientation Discrimination
In a recent decision from the Eastern District of Pennsylvania, the Court held that sexual orientation discrimination constitutes discrimination based on gender stereotyping and, as such, is covered under Title VII of the Civil Rights Act of 1964. The case was filed by the Equal Employment Opportunity Commission on behalf of an employee who had …
Jackson Lewis Attorneys Falavolito and Rodriguez Win Defense Verdict in Religious Discrimination Case
Jackson Lewis Principal Dean Falavolito and Associate Joanna Rodriguez recently won a defense verdict for a Pittsburgh non-profit organization in a lawsuit claiming religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. The client was insured by Employment Practices Liability Insurance (“EPLI”).
In the …
U.S. District Court in Nevada Continues Trend of Expansion of the Definition of “Sex” Under Title VII
A transgender police officer, who identifies as a male officer, filed a lawsuit in the U.S. District Court for the District of Nevada alleging sex discrimination pursuant to Title VII of the Civil Rights Act and related state law. Roberts v. Clark County Sch. Dist., 2016 U.S. Dist. LEXIS 138329 (D. Nev. Oct. 4…